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(영문) 창원지방법원 2014.07.01 2012가단28595
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 13,269,00 to the Defendant (Counterclaim Plaintiff) for KRW 13,269,00 and for this, from November 27, 2013 to July 1, 2014.

Reasons

1. Basic facts

A. On December 15, 2011, the Plaintiff entered into a construction contract with the Defendant to receive a contract with the Defendant for construction cost of KRW 320,000,000 for the construction work for the construction of the new site C-based land (hereinafter “instant building”) from Seongbuk-gu, Sungwon-si (hereinafter “instant contract”).

B. The Plaintiff received a total of KRW 270,000,000 from the Defendant as the construction price under the instant contract.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff has a claim against the Defendant for the remainder of the construction cost of KRW 50,000,000 as well as KRW 4,199,00 as additional construction cost.

The defendant shall have the claim against the plaintiff for damage 14,107,00 won in lieu of defect repair and the claim amounting to 14,00,000 won in the cost of indoor interior interior decoration work paid by the defendant on behalf of the defendant.

If both claims are set off, the Plaintiff’s claim against the Defendant remains in excess of KRW 26,092,00, and the Defendant is obligated to pay KRW 26,092,00 to the Plaintiff.

B. The Defendant paid KRW 21,00,000 on behalf of the Plaintiff to D as the price for interior interior interior interior interior interior interior interior decoration work was deducted from the construction cost, and the Plaintiff has a claim against the Defendant for the remainder of the construction cost of KRW 29,000,000.

The defendant shall have the damage liability of the plaintiff 122,374,00 won in lieu of defect repair.

If set off both claims, the Defendant’s claim against the Plaintiff remains in excess of KRW 93,374,00, and the Plaintiff is obligated to pay KRW 93,374,00 to the Defendant.

3. We examine the principal lawsuit and the counterclaim together.

A. According to the fact that the Plaintiff’s credit against the Defendant was recognized as above, the Defendant is obligated to pay the Plaintiff the remainder of construction price of KRW 50,000,000 according to the instant contract.

(2) The part of the additional construction cost (A) is that the Plaintiff extended the width of outdoor stairs on the first floor of the instant building, installed gas measuring instruments, installed a move of a gas meter, high height of 200 meters in the garrising layer, and reconstruction of the end of the second floor corridor stone.

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